Terms and Conditions v1.5

1. Introduction

1.1 By engaging with eduAcute Pty Ltd’s (eduAcute), you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws.

1.2 If you do not agree with any of these Terms and Conditions, you are prohibited from using our Services and/or Products including access to our website.

1.3 All eduAcute’s content is protected by applicable copyright and trade mark laws.

2. Governing Law

2.1 Any claim relating to eduAcute’s Products and/or Services shall be governed by the laws of the State of Queensland.

3. Copyright Content License Grant

3.1 Permission, being a grant of a License, not a transfer of title, is granted to access eduAcute’s copyright materials including those made available on our website for personal, non-commercial by means of non-permanent viewing only. This License automatically terminates if you violate any of our Terms. As soon as the Licence is terminated, you must destroy any content in your possession whether in electronic, printed or any other format.

3.2 Under this License you may not:

3.2.1 Modify or copy any content.

3.2.2 Use the content for any commercial purpose, or for any public display (commercial or non-commercial).

3.2.4 Remove any copyright or other proprietary notations from any content.

3.2.5 Copy protected content in any way, shape or form including but not limited to taking screen captures of content.

3.2.6 Transfer the content to another person or “mirror” the materials in any way, shape or form.

3.2.7 Share your account with anyone.

3.3 eduAcute’s materials could include grammatical, content, technical, typographical or photographic errors. eduAcute does not warrant that any of the materials are accurate, complete, or current. eduAcute may make changes to its materials at any time without notice, however, such changes will not affect the terms applicable to sales that were concluded prior to the date the revised Terms and Conditions were published.

3.4 If any part of these Terms and Conditions is for any reason unenforceable it shall not affect the validity and enforceability of any of the remaining parts of the Terms and Conditions.

4.2 eduAcute makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

4.3 eduAcute does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content on its website or otherwise relating to such content or on any sites linked to our site.

4.4 In no event will eduAcute or its suppliers be liable for any damages arising out of the use of, or inability to use, the materials on eduAcute’s website, even if eduAcute, or a eduAcute authorised representative, has been notified orally or in writing of the possibility of such damage.

4.5 Where specific jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply.

5. eduAcute Website

5.1 The purpose of eduAcute’s website is to communicate and share information about our Products and Services and to provide online purchasing capabilities.

5.2 When purchasing a Product or Service you are required to provide some personal data during the registration process, including names, address, suburb, state, country, postcode, mobile phone number, email address, how you heard about eduAcute and any dietary requirements (for Events only). You can either register by entering all the details required or you can use a Social Media Login option (e.g. Facebook, Google, Twitter, PayPal) which eliminates the need for you to remember another username and password to access our website. We do not store any login details but merely the type of Social Media channel you registered through.

5.3 The purposes for collecting this data is to allow us to contact members regarding things such as customer support, security, safety and dispute resolution, updates to our Terms and Conditions, Event updates, Event catering requirements, collection of unpaid or due fees, subscription renewals and newsletter updates.

5.4 We only retain personal data as long as necessary for the fulfillment of those purposes, or for other essential purposes such as complying with our legal obligations, resolving disputes and enforcing our agreements.

5.5 Registrants must immediately notify eduAcute in writing of changes to registrant details, including but not limited to contact details such as contact number and email address and failure to do so may result in eduAcute not being able to contact the registrant which may result in eduAcute cancelling the registration.

5.6 When registering on our website, registrants confirm that you have the capacity to agree to our Terms and Conditions and that the agreement is voluntary, informed, specific and current. You may express your views or opinions about how your personal information is handled, or may opt out of submitting certain types of personal information by contacting us via our Contact Us form. We do not sell any information to third parties.

5.7 When purchasing a Product or Service the purchaser automatically obtains a Free Membership which does not expire and which gives the purchaser a username and password to access our website, including access to the purchaser’s personal details which can be updated, purchasing history such as invoices, member only content such as Event preparation materials and the ability to cancel your membership and have all data removed from our system.

5.8 We protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification.

5.9 Our website uses data encryption technology to encrypt any data that is submitted to us (using SSL) and stored in our secure data centres. Any payments made are transmitted securely through PayPal and we do not store any credit card or other financial details. We use Google Analytics to gather anonymous visitor information such as the web address of the page access, IP addresses and demographic information. When visiting a page on our website, your browser automatically sends anonymous information to Google. This data we use to analyse site-wide and specific page visits with the aim to improving user experience. You can opt out of Google Analytics tracking.

5.10 eduAcute has implemented automated link checking functionality to validate accuracy of all links used on our website. eduAcute is not responsible for the contents of any such linked site and the inclusion of any link does not imply endorsement by eduAcute of the site. Use of any such linked website is at the user’s own risk.

5.11 To increase the level of security, logged in members are automatically logged out after 1 week of inactivity (for example, the user does not move the mouse or screen at all for 1 week).

6. Courses, Seminars, Workshops and other Events

6.1 eduAcute takes all care ensuring courses, seminars, workshops and other events (Events) are of the highest possible standards and quality and that all advertised details are correct at the time of the event however, when circumstances beyond our control prevail, eduAcute reserves the right to change any of its Services, including details such as content, structure, faculty, location, duration and fees.

6.2 By registering for a course you grant eduAcute permission to publish any photographs taken during the course. During the course you will be reminded of your permission granted providing you with an opportunity to object there and then. If you are objecting at any later stage to any material published you must inform us in writing using our contact us form, clearly describing the photograph(s) in question, your reason for objection allowing us to review your objection and remove/replace the image(s) in question.

7. Event Registration

7.1 Event registrations must be made using the eduAcute website.

7.2 When registering for an event the registrant must agree to these Terms and Conditions prior to making payment.

7.3 Event registrations may be transferred from the original registrant to a subsequent registrant subject to eduAcute being notified of the intention to transfer and subject to eduAcute’s written approval.

8. Event Fee and Payment

8.1 Event fees advertised are exclusive of GST.

8.2 All fees are to be paid in full at the time of registration using the eduAcute 3rd party secure payment system (currently being PayPal).

8.3 From time to time eduAcute may have accidentally, either due to a process error, a system error or a human error, charged an incorrect fee for a Service (such as a course) or Product (such as an online subscription). In that event, the registrant is fully liable to pay the fee which would have been have paid if the omission was not made. eduAcute will reissue an invoice with the intended fee minus any partial payments made (if applicable) as soon as it becomes aware of the omission and will issue the registrant the invoice by email. The registrant must pay the invoice within 30 days after it was issued. Failure to do so will result in immediate cancellation of the registrant’s membership regardless of whether the registrant has any active Products (such as an online subscription) or upcoming Services (such as a course), subject to our cancellation Terms and Conditions.

8.4 Pending Payments

After having added a product or service (e.g. a course booking) to the shopping cart and after having attempted to pay for the product or service using our secure payment system, the payment system may, in certain circumstances unknown to eduAcute, flag a payment attempt transaction as “pending payment”. In those instances, in particular for bookings, our system ‘reserves’ your booking until payment is made. Payment can be made after logging in and clicking on the PAY button under the “My Account – Orders”tab. When payment is made your booking will be confirmed immediately. When payment is cancelled, your booking will be cancelled (and no longer be pending). As pending payments take up a bookable spot, eduAcute reserves the right to, at any time, cancel the pending payment and make the bookable spot available for others to book.

9. Event Cancellation by eduAcute

9.1 eduAcute reserves the right to cancel or reschedule a course if circumstances arise that lead to performance of the event becoming practicably impossible.

9.2 eduAcute will not be responsible for any loss or damage arising from any changes to or cancelling or rescheduling of a course.

9.3 If a course is cancelled or rescheduled, eduAcute will make every effort to as soon as practicable notify every registered person of any changes.

9.4 If eduAcute cancels a course or if eduAcute reschedules a course and the registered person is unable to attend the rescheduled course, a full refund will be issued within 30 days of the cancellation or rescheduled course date.

9.5 A tax receipt is issued by eduAcute ABN 77 604 956 792 and emailed to the nominated email address.

9.6 Any disputes in relation to invoicing must be made by email within five working days of receipt of the invoice.

9.7 eduAcute does not provide refunds for cancellations subject to any terms specified in these Terms and Conditions.

9.8 eduAcute reserves the right to cancel a registration at all times.

9.9 If eduAcute cancels a course all paid registrants will be notified.

10. Event Cancellation by the Registrant

10.1 Cancellations made by the Registrant must be sent to eduAcute by email.

10.2 Registrants who cancel:

10.2.1 28 days or more from the Event start date will receive a credit note of 40% of the fee paid.

10.2.2 between 28 and 7 days out from the Event start date will receive a credit note of 20% of the fee paid.

10.2.3 less than 7 days out from the Event start date forfeit the entire fee paid.

10.3 A credit note can be used once for any of the eduAcute events, online publications and online training courses.

10.4 A credit note is valid for twelve (12) months after the date of issuing the credit note.

10.5 eduAcute reserves the right to issue a credit note or provide any other type of refund to any registrant considering the specific circumstances of each case.

11. eduAcute Faculty

11.1 Those interested in becoming eduAcute Faculty must complete the Faculty Registration form on the eduAcute website.

11.2 Each registration will be reviewed and possible candidates will be contacted via email.

11.3 Faculty accepted by and engaged to provide teaching services for eduAcute must:

11.3.1 Sign and return email the Faculty Agreement.

11.3.2 At all times during the provision of Services represent eduAcute and eduAcute only.

11.3.3 At all times perform the Services for eduAcute in a professional and ethical manner.

11.3.4 Not express any personal statements or personal opinions that may be harmful to the reputation of eduAcute.

12. eduAcute Online Publications (Books)

12.1 eduAcute makes online publications (books) available online.

12.2 Online publication content, unless otherwise explicitly excluded, may not be copied and/or reproduced in any way, shape or form, including but not limited to physical print, screen captures/scrapes, saved images, saved documents such as PDF or formatted/plain text.

12.3 Online publications are only accessible by registered users who have paid the required subscription fee for the duration of the subscription.

12.4 A subscription is valid for a period of twelve (12) months only commencing the date the subscription payment has been received.

12.5 After the subscription period, the subscription is automatically cancelled and access is immediately removed.

12.6 Online access may be cancelled at any time which does not create a right for compensation by the subscriber.

12.7 One subscription allows access by the registered user to open one book online from two digital devices concurrently (e.g. from an iPad and/or a PC).

12.8 eduAcute does not guarantee that the content in any of its books is free from errors or omissions or is suitable for your intended use.

12.9 Subject to any terms implied by law and which cannot be excluded, eduAcute accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred as a result of any error, omission or misrepresentation in any of its books.

12.10 The term “books” also includes any extract from our books such as, but not limited to, extracted Stems or extracted Suggested Answers Structures which are made available online to members who have purchased and completed any online (face-to-face) course sessions (such as Skype).

12.11 IP addresses of digital devices that access our books, which can be traced to physical addresses, will be monitored and where ambiguous details are recorded the subscriber will be contacted to explain the facts or in some circumstances access may be revoked immediately.

12.12 Transferring subscription ownership

12.12.1 Ownership of a subscription will only be transferred if the original subscription owner has notified eduAcute in writing of the intention to transfer the ownership and has provided the full name and email address of the intended subscription recipient who must be an existing registered member of eduAcute.

12.12.2 The subscription must only used by the intended subscription recipient.

12.12.3 The subscription to be transferred must be transferred into the name of the intended subscription recipient.

13. Reminder Notifications

13.1 eduAcute may, from time to time, send reminder emails to members including, but not limited to, upcoming events and subscriptions.

14. Coupon Codes

14.1 From time to time eduAcute may issue coupon codes which may give a discount to registered members or new members.

14.2 Applying a discount code must conform with these Terms and Conditions and with any Terms and Conditions described on our website (for example under a product’s “Discount Coupon” tab).

14.3 Every purchase made with a coupon code applied will be verified and in the event that it appears that a coupon code has been applied by an ineligible customer the customer will be contacted via email and be asked to explain why the customer believes a discount would apply to them. During this investigation period the member’s access and any other memberships will be paused.

14.4. In the event that a full sum was required to be paid the purchaser will be given the option to pay the required sum via eduAcute’s PayPal payment option at https://www.paypal.me/eduacute during which time the purchased subscription will be paused until full payment has been received by eduAcute.

14.4 A purchase made with the coupon discount applied without compliance with the Terms and Conditions will result in a cancellation of the membership (e.g. subscription) and no refund will be given to the purchaser, subject to eduAcute’s discretion to provide a partial or full refund or continuation of the membership.

15. Terms and Conditions Modifications

15.1 eduAcute may revise these Terms and Conditions at any time without notice and will, for significant changes, update the version and last updated date accordingly.

15.2 Copies of previous versions are kept on archive commencing 24 April 2018. By engaging with eduAcute you are agreeing to be bound by the most recent Terms and Conditions.

15.3 If you disagree with these Terms and Conditions, have any comments or wish to be no longer bound by these Terms and Conditions, you can contact us via our Contact Us form.

Version 1.5 (4 January 2019)

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